N.Y. Public Health Law 3398-K – Granting, suspending or revoking licenses
* § 3398-k. Granting, suspending or revoking licenses. After due notice and an opportunity to be heard, established by rules and regulations, the commissioner may decline to grant a new license, impose conditions or limits with respect to the grant of a license, modify an existing license or decline to renew a license, and may suspend or revoke a license already granted after due notice and an opportunity to be heard, as established by rules and regulations, whenever the commissioner finds that:
Terms Used In N.Y. Public Health Law 3398-K
- Cannabinoid: means the phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in subdivision (g) of schedule I of section thirty-three hundred six of this chapter. See N.Y. Public Health Law 3398
- Hemp: means the plant Cannabis sativa L. See N.Y. Public Health Law 3398
- Hemp extract: means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp, used or intended for human consumption, for its cannabinoid content, with a delta-9 tetrahydrocannabinol concentration of not more than an amount determined by the department in regulation. See N.Y. Public Health Law 3398
- License: means a license issued pursuant to this article. See N.Y. Public Health Law 3398
1. A material statement contained in an application is or was false or misleading;
2. The applicant or licensee, or a person in a position of management and control thereof or of the licensed activity, does not have good moral character, necessary experience or competency, adequate facilities, equipment, process controls, or security to process, distribute, transport or sell cannabinoid hemp, hemp extract or products derived therefrom;
3. After appropriate notice and opportunity, the applicant or licensee has failed or refused to produce any records or provide any information required by this article or the regulations promulgated pursuant thereto;
4. The licensee has conducted activities outside of those activities permitted on its license; or
5. The applicant or licensee, or any officer, director, partner, or any other person exercising any position of management or control thereof or of the licensed activity has willfully failed to comply with any of the provisions of this article or regulations under it and other laws of this state applicable to the licensed activity.
* NB Repealed 6 months after the full cannabis control board created by Article 2 of the cannabis law has been appointed